1. Acceptance of these Terms
1.1 Your access to and use of this website (“Website”), the content and information (“Information”) and any access to software contained or set out herein is subject to and only allowed in accordance with these terms and conditions (“Terms”) and on the basis that you will not use or access the Website or the Information for any purpose whatsoever which is unlawful or prohibited by these Terms.
1.2 By using, visiting, viewing and/or accessing any part of the Website, you agree that you fully accept and agree to these Terms which are deemed to incorporate any other conditions, notices, policies and disclaimers set out on the Website.
1.3 If you do not accept and agree to these Terms, you must immediately stop using, viewing or accessing the Website and any software accessible through it.
The content and information set out on the Website does not and is not intended to constitute, provide, give or infer any advice or guidance to you or any third party in any way whatsoever.
3. Changes to the Website, etc
3.1 Think Tank reserves the right, at its absolute discretion and without notice to any party to:
3.1.1 change, alter, add to, extend, modify or remove (whether temporarily or permanently) the Website or the Information or any part of it, and you hereby confirm, acknowledge and agree that Think Tank shall not be liable to you or any other party in any way whatsoever as a result of any such change, alteration, addition, extension, modification or removal;
3.1.2 change, remove, amend or discontinue any use of or access to any Information, software or service accessed or available on or through the Website at any time and you hereby confirm and acknowledge that Think Tank shall not be liable to you or any other party for any losses, costs, expenses, damages, claims, actions or proceedings whatsoever and howsoever suffered or incurred by you or any third party as a result of any such change, removal, amendment or discontinuance; and
3.1.3 change, alter, amend, add to or modify these Terms at any time and, for the avoidance of doubt, your continued use of or access to the Website following any such change, alteration, amendment, addition or modification shall be deemed to be your acceptance of the same.
4. Links to third party websites
The Website may include links to third party websites that are not owned, operated, controlled, monitored or maintained by Think Tank. Any link to other websites from the Website is not and shall not in any way be construed or relied upon as an endorsement, approval or recommendation of such websites or any content or information contained therein. Further, you hereby acknowledge, confirm and agree that Think Tank is not responsible for the information or content and/or availability of any such websites.
5. Intellectual Property Rights
5.1 The Intellectual Property Rights (as defined in clause 5.4 below) in the Website including, but not limited to, the content, Information, materials and software on or accessible through the Website belong to Think Tank or its licensors.
5.2 The Website and the content, Information, materials and software on or accessible through it and any Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way whatsoever (save to the extent strictly necessary for, and for the purposes of, accessing, visiting and using the Website) other than in accordance with these Terms or the Copyright Notice set out on the Website.
5.3 The trading names “Think Tank” "Think Tank Legal" and the Think Tank logo belong to Think Tank Legal Limited and they may not, under any circumstances whatsoever, be used, copied, altered, modified or reproduced in any way whatsoever by you or any third party without the prior written consent of Think Tank.
5.4 For the purposes of these Terms, "Intellectual Property Rights" shall mean (wherever and whenever arising and for the full term of each of them) any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know how, trade secret and any and all other confidential information (whether or not marked or identified as such), rights in the nature of any of these in any country whatsoever, rights in the nature of unfair competition rights and rights to sue for passing off or any other similar intellectual or commercial right whatsoever (in each case whether or not registered or registrable) and registrations of and applications to register any of them.
6. Limitation of liability
6.1 The Website is provided and made available purely on an "as is" and "as available" basis without any representation or endorsement made by Think Tank and without warranty of any kind whatsoever, whether express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
6.2 To the fullest extent permitted by law, Think Tank will not be liable for any indirect or consequential loss or damage whatsoever (including, without limitation, loss of business opportunity, data and/or profits) arising out of or in connection with the use of, inability to use or unavailability of the Website.
6.3 Think Tank makes no representation or warranty whatsoever that:
6.3.1 the functionality of or access to the Website will be continuous, uninterrupted or error free;
6.3.2 there will not be any defects, mistakes, omissions or errors in any Information, content, functionality or software on or available via the Website; or
6.3.3 the Website server that makes the Website available to you is free of viruses and/or anything else which may be harmful or destructive to your equipment.
6.4 Nothing in these Terms shall be construed in such a way as to exclude or limit the liability of Think Tank for any death or personal injury as a result of the negligence of Think Tank or of any of its directors, employees, sub-contractors, consultants or agents.
You agree to indemnify and hold harmless Think Tank and its directors, employees, sub-contractors, consultants and agents from and against any and all losses, costs, expenses (including, but not limited to, legal expenses), damages, claims actions and proceedings resulting from or in relation to any claims or actions brought against Think Tank or any other party arising out of any breach by you or any third party of these Terms, or any other liabilities whatsoever arising out of your use of or access to the Website or the Information.
Headings in these Terms are included for convenience only and shall not affect their construction or interpretation.
If any provision or provisions of these Terms (or of any document referred to herein) is or at any time becomes illegal, invalid or unenforceable in any respect, then the legality, validity and enforceability of the remaining provisions of these Terms (or such other document) shall not be affected or impaired in any way thereby.
No failure to exercise and no delay by Think Tank in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in these Terms are cumulative and not exclusive of any rights or remedies otherwise provided by law.
11. Entire Agreement
These Terms (together with any documents expressly referred to in them) contain the entire agreement between you and Think Tank relating to the use of and access to the Website and any content, Information and/or software available on it and supersede any previous agreements, arrangements, undertakings or proposals, whether written or oral, between you and Think Tank in relation to such matters. No oral representation, explanation or information given by you or Think Tank shall alter or amend the interpretation of these Terms in any way whatsoever. In agreeing to these Terms you confirm that you have not relied on any representations whatsoever other than those expressly stated in these Terms and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in these Terms.
12. Third parties
A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms but this does not affect any remedy or right of any third party which exists or is available apart from that Act.
13. Applicable law and disputes
These Terms and any and all matters or disputes arising from or in relation to them shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby agree to submit to the exclusive jurisdiction of the English courts. For the avoidance of doubt, you hereby agree that the place of performance of these Terms is England.